- (1.) This and the connected Letters Patent Appeal are directed against the judgment and order of T.V.R. Tatachari, J. disposing of a writ petition by quashing two orders of the Central Government and declining to quash another. The connected writ petition challenges an order which is a sequel to the judgment and order of Tatachari, J.
(2.) Shri Madan Gopal Singh filed a writ petition on the following allegations. After serving initially as a Police Officer in the State of Kapurthala and thereafter in the Patiala and the East Punjab States Union he was appointed to the Indian Police Service on October 11, 1955, and was assigned "1948" as the year of allotment for the purposes of seniority under Rule 3 of the Indian Police Service (Regulation of Seniority) Rules, 1954. On the re-organisation of the States in 1956 he was absorbed in the Indian Police Service cadre of the new State of Punjab. In May, 1962 he was selected by the Government of India, Ministry of Home Affairs, for the post of Assistant Inspector General of Police, C.I.D. and Headquarters, in Himachal Pradesh, and the Petitioner joined the post on May 23, 1962. In May 1965 the post of Inspector General of Police, Himachal Pradesh, fell vacant, and he was appointed to that post on deputation for three years in the first instance with effect from May 17, 1965. At that time the pay scale attaching to that post was Rs. 1600-100-1800. It was a post in the joint cadre of Delhi-Himachal Pradesh. Subsequently, by an order dated October 31, 1966, the Government of India divided the cadre into two parts for the purpose of specifying its strength and composition, one part relating to the Delhi Administration and the other to the Government of Himachal Pradesh. In the part relating to Himachal Pradesh, 21 posts were sanctioned in all, two of them being the posts of Inspector General of Police and Deputy Inspector General of Police. The pay scales of these two posts were fixed asunder: Inspector General of Police Rs. 2500-125/2-2750 Deputy Inspector General of Police Rs. 1600-100-1800. Consequent upon the re-organisation of the State of Punjab Shri M.G. Singh who was hitherto on deputation to Himachal Pradesh, was allotted to the Indian Police Service cadre of Delhi-Himachal Pradesh with effect from November 1, 1966. Of all the Police officers so allotted Kan war Shamsher Singh alone was senior to him. Kanwar Shamsher Singh had opted for the State of Punjab and he remained in that State as Inspector General of Police, and was finally allotted to that State. In the result Shri M.G. Singh remained the senior most officer in the Indian Police Service Cadre of Delhi-Himachal Pradesh. As he was holding the post of Inspector General of Police and performing its duties and functions he claims to be entitled to salary in the new scale of Rs. 2500-125/2-2750 with effect from November I, 1966. In February 1968 he wrote to the Accountant General, Punjab, for issuing a revised pay slip and it was then, on April 16, 1968, that the Government of India issued an order holding the post of Inspector Genera] of Police, Himachal Pradesh, in abeyance with effect from November 1, 1966. This order was challenged by Shri M.G. Singh in the writ petition. Thereafter, on May 28, 1968, the Government of India notified an order made under Rule 4(1) of the Indian Police Service (Cadre) Rules, 1954, amending the cadre-strength of Himachal Pradesh and abolishing the post of Deputy Inspector General of Police On the same date by a notification issued under Rule 11 of the Indian Police Service (Pay) Rules, 1954, the pay scale of the post of Inspector General of Police, Himachal Pradesh, was reduced from Rs. 2500-125/2-2750 to Rs. 1600-100-1800. This order has also been assailed. Some time later, on August 8, 1968 the Chief Secretary to the Government of Himachal Pradesh sent a communication to Shri M.G. Singh intimating that he had been selected for appointment as Deputy Inspector General in the Central Reserve Police, and that he should report immediately for duty to the Inspector General, Central Reserve Police at Delhi. This is the third order challenged in the writ petition.
(3.) The writ petition was opposed by the Union of India and the Chief Secretary to the Government of Himachal Pradesh.;